Understanding Family Law Court Fees in Australia

A Guide by Bansal Lawyers

Family law matters can be challenging, particularly when it comes to understanding the costs involved. As you embark on your legal journey—whether you're seeking a divorce, child custody arrangement, or financial settlement—it's crucial to know what fees to expect and how they may impact your case.

At Bansal Lawyers, we believe in providing clarity about the legal process, so here’s a comprehensive breakdown of the fees that you might encounter in family law proceedings in Australia, based on the Federal Government’s Family Law (Fees) Regulations 2022. These fees are effective from 1 July 2024 and can help you budget appropriately for your case.

1. Filing Fees: The Initial Step in Family Law Proceedings

When you file a case in court, you'll need to pay a filing fee. These fees vary depending on the type of application you're submitting. Below are some of the most common fees:

• Application for Divorce: $1,100
• Application for Divorce (Reduced Fee): $365 (Available if both parties meet eligibility criteria)
• Application for Consent Orders: $200
• Application for Decree as to Nullity: $1,560
• Application for Decree as to Nullity (Reduced Fee): $520
• Initiating Application (Parenting or Financial, Final Only): $425
• Initiating Application (Parenting or Financial, Final and Interim): $570
• Initiating Application (Parenting and Financial, Final Only): $695
• Initiating Application (Parenting and Financial, Final and Interim): $840
• Response to Initiating Application (Final): $425

If you’re in a situation where financial hardship is a concern or you hold certain government concession cards, you may be eligible for reduced fees or even exemptions. Be sure to check the specific guidelines or speak with our legal team to see if you qualify.

2. Court Event Fees: Costs for Court Hearings and Conferences

As your case moves forward, additional fees may apply for court events such as hearings or conciliation conferences. These fees help cover the administrative costs of organizing and conducting these proceedings.

• Setting Down for Hearing Fee (Defended Matter):
  • Division 2: $770
  • Division 1: $1,045
• Daily Hearing Fee (for Each Hearing Day, Excluding the First Day):
  • Division 2: $770
  • Division 1: $1,045
• Conciliation Conference Fee: $480

These event fees are non-refundable once paid, so it’s important to be prepared for these costs. If your case goes to a trial or if hearings are scheduled over multiple days, you will need to account for daily hearing fees.

3. Additional Costs: Other Court-Related Fees

There are also various smaller fees for specific actions in the court process, such as:

• Interim Order Application (Parenting or Financial): $145
• Issue Subpoena: $65
• Application Under the Trans-Tasman Proceedings Act 2010: $145
• Filing an Application to Register a New Zealand Judgment: $130

4. Payment Methods for Court Fees

To make the payment process easier, family law court fees can be paid in several ways, including:

• Online Payments: Via the Commonwealth Courts Portal for eFiling.
• Eftpos, Debit or Credit Card: Directly at the court registry.
• Mail Payments: Using Visa or MasterCard credit/debit cards (or pre-paid debit cards available at retail outlets).

It’s important to note that GST does not apply to court fees, which simplifies the cost structure.

5. Reduced Fees and Exemptions for Those Facing Financial Hardship

If you're facing financial hardship, you may be eligible for reduced fees or fee exemptions, particularly for divorce and decree of nullity applications. Both parties must meet eligibility requirements for a reduced fee in divorce applications filed jointly.

To see if you qualify for reduced fees or fee exemptions, be sure to consult the Guidelines for Reduced Fees or reach out to our legal team for further assistance.

6. How Bansal Lawyers Can Help

At Bansal Lawyers, we understand that family law proceedings can be financially and emotionally draining. That's why we aim to make the process as transparent and manageable as possible. We’re here to guide you through the complexities of the legal system while ensuring that you understand the costs involved at each stage.